# I pit the Tennessee State Legislature

**URL:** <https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368>\
**Category:** The BBQ Pit\
**Created:** [February 23, 2011, 7:21pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368 "2011-02-23T19:21:47Z")\
**Posts on this page:** 18\
**Page:** 2

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**Author:** ![detop](https://avatars.discourse-cdn.com/v4/letter/d/bcef8e/32.png) [@detop](https://boards.straightdope.com/u/detop)\
**Post date:** [February 23, 2011, 10:11pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/21 "2011-02-23T22:11:59Z")

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> [@Skammer](#):
>
> \<snip\>I’m pretty sure the Supreme Court ruled on nullification at some point around the time that people were shooting each other over slavery. You might want to go back and look at that.

To be fair, Tennessee was on the wrong side when the Supreme Court decided that. Maybe they think that decisions reached during the Great Unpleasantness don’t apply to them ?

> [@smiling\_bandit](#):
>
> You do know which state has been growing like gangbusters despite the recession. States could do with a little more Texas, methinks.\<snip\>

Ah, a return to the good old times of serfdom and peonage

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [February 23, 2011, 10:16pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/22 "2011-02-23T22:16:50Z")

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> [@detop](#):
>
> Ah, a return to the good old times of serfdom and peonage

Is that what’s going on in Texas? They’re all serfs now? How did this shocking development evade the detection of the rest of us?

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**Author:** ![detop](https://avatars.discourse-cdn.com/v4/letter/d/bcef8e/32.png) [@detop](https://boards.straightdope.com/u/detop)\
**Post date:** [February 23, 2011, 10:38pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/23 "2011-02-23T22:38:51Z")

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> [@Kimmy\_Gibbler](#):
>
> Is that what’s going on in Texas? They’re all serfs now? How did this shocking development evade the detection of the rest of us?

Not yet, but getting there, slowly but surely.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [February 23, 2011, 11:06pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/24 "2011-02-23T23:06:35Z")

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Let’s add to the OP an [antievolution bill](http://ncse.com/news/2011/02/second-antievolution-bill-tennessee-006496) in Tennessee (their second one this year apparently).

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**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\
**Post date:** [February 23, 2011, 11:10pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/25 "2011-02-23T23:10:15Z")

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I voted against that guy.

But he won anyway.

Everybody down here is fear-obsessed when it comes to Islam.

Crazy…

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**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\
**Post date:** [February 24, 2011, 12:09am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/26 "2011-02-24T00:09:59Z")

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> [@smiling\_bandit](#):
>
> You do know which state has been growing like gangbusters despite the recession. States could do with a little more Texas, methinks.

And there should be plenty to go around; Texas is already full of itself.

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**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\
**Post date:** [February 24, 2011, 12:58am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/27 "2011-02-24T00:58:56Z")

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> [@Kimmy\_Gibbler](#):
>
> Because they have a discretionary docket. The Supreme Court doesn’t take any case it doesn’t want to.\*
> 
> - Unless it’s the occasional controversy between states or involving an ambassador or other public minister or consul.

Nitpicky question for information only: At the last I knew, SCOTUS still had a rather small range of cases which they were mandated to take on appeal (as opposed to petition for certiorari). The requirements for such a case were stringent, so there were not many, but they did still exist. Is that no longer the case?

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**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\
**Post date:** [February 24, 2011, 1:35am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/28 "2011-02-24T01:35:08Z")

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I think so. Something tells me it’s related to the occasional controversy between states or involving an ambassador or other public minister or consul. [Cite](http://boards.straightdope.com/sdmb/showpost.php?p=13499140&postcount=22).

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**Author:** ![gravitycrash](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@gravitycrash](https://boards.straightdope.com/u/gravitycrash)\
**Post date:** [February 24, 2011, 1:43am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/29 "2011-02-24T01:43:06Z")

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Aren’t parts of Sharia law incompatible with our laws in the US? Like killing you’re wife if she had an affair.  
Or cutting off a hand for theft?  
I really don’t know. Is Sharia part of the Koran or just something read into the book that really isn’t there?

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [February 24, 2011, 1:56am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/30 "2011-02-24T01:56:24Z")

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> [@smiling\_bandit](#):
>
> Interstingly, the law is on our side in this one. Note that said health care law has been struck down as _unconstitutional_. And therefore it automatically doesn’t bind anyone.

Yes, it does. There was no injuction issued by the court blocking enforcement of the law, pending appeal. So you are wrong about that.

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**Author:** ![waterj2](https://avatars.discourse-cdn.com/v4/letter/w/858c86/32.png) [@waterj2](https://boards.straightdope.com/u/waterj2)\
**Post date:** [February 24, 2011, 5:25am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/31 "2011-02-24T05:25:02Z")

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I’m unfortunately posting from my phone, so I don’t have a link handy. but I just saw something today about a proposal by two Tennessee legislators to prohibit discussion of sexual orientations other than heterosexuality in elementary and middle schools.

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [February 24, 2011, 6:56am UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/32 "2011-02-24T06:56:00Z")

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> [@Polycarp](#):
>
> Nitpicky question for information only: At the last I knew, SCOTUS still had a rather small range of cases which they were mandated to take on appeal (as opposed to petition for certiorari). The requirements for such a case were stringent, so there were not many, but they did still exist. Is that no longer the case?

Ah, yes, I remember Larry Solum muttering something about three-judge district court panels back in Civ Pro. Interestingly, here’s a [“PrawfsBlog” post](http://prawfsblawg.blogs.com/prawfsblawg/2011/02/ppaca-and-three-judge-panels.html) wondering why such a device wasn’t used in PPACA.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [February 24, 2011, 2:19pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/33 "2011-02-24T14:19:46Z")

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> [@Fuzzy\_Dunlop](#):
>
> The idea is that smiling bandit only feels that one appellate court ruling is completely definitive because he agrees with it. So if the 9th circuit ruled the pledge of allegiance was constitutional he’d have to admit it is, or accept that one appeals court does not have final say.

Gotcha. OK, now I understand.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [February 24, 2011, 2:27pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/34 "2011-02-24T14:27:36Z")

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> [@Whack-a-Mole](#):
>
> Let’s add to the OP an [antievolution bill](http://ncse.com/news/2011/02/second-antievolution-bill-tennessee-006496) in Tennessee (their second one this year apparently).

[Here is](http://www.capitol.tn.gov/Bills/107/Bill/SB0893.pdf) the actual bill.

Meh. I’ve seen worse. I suspect that it’s intended as a “Let’s remember they’re just all theories!” type of effort, but if you read the text in a vacuum, there’s not a huge amount to complain about. I _want_ schools to create an environment that “encourages students to explore scientific questions, learn about scientific evidence, develop critical thinking skills, and respond appropriately and respectfully to differences of opinion about controversial issues.”

But since they should presumably already do that, I doubt there’s a reason for this law to be passed.

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**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\
**Post date:** [February 24, 2011, 2:31pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/35 "2011-02-24T14:31:56Z")

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> [@Bosda\_Di\_Chi\_of\_Tricor](#):
>
> I voted against that guy.
> 
> But he won anyway.
> 
> Everybody down here is fear-obsessed when it comes to Islam.
> 
> Crazy…

Don’t feel bad, the sponsor of the “Health Freedom Act” is my state senator, who I also voted against but won anyway.

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**Author:** ![Zeriel](https://avatars.discourse-cdn.com/v4/letter/z/58956e/32.png) [@Zeriel](https://boards.straightdope.com/u/Zeriel)\
**Post date:** [February 24, 2011, 3:14pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/36 "2011-02-24T15:14:42Z")

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> [@gravitycrash](#):
>
> Aren’t parts of Sharia law incompatible with our laws in the US? Like killing you’re wife if she had an affair.  
> Or cutting off a hand for theft?  
> I really don’t know. Is Sharia part of the Koran or just something read into the book that really isn’t there?

There’s a lot of confusion over just what is even MEANT by “Sharia Law”. Typically, what’s being discussed by real Muslims in the United States and other Western nations when they talk about “Sharia” is a system by which contracts and other CIVIL documents can be specified to be arbitrated by a Sharia judge (as opposed to any other arbitration service provider). This affects mostly things like business practices (in particular, many banks already offer loan products that are compliant with Sharia law regarding how interest may be charged), divorce proceedings, and the like.

The stereotypical opposition to these practices says we need anti-Sharia legislation either because A) they believe people are being coerced into accepting Sharia arbitration that’s not in their best interest (which is already illegal under contract law), B) they believe that allowing open practice of Sharia arbitration will somehow make the more unsavory cultural practices of some African/MidEast Muslim cultures more common, or C) they believe that ALL utilizations of Sharia law, even those aspects that are 100% acceptable under our existing criminal and civil law, are attempts to force a Saudi-style theocracy on the US.

I have some sympathy for A), and wouldn’t be opposed to a general law that allowed one to elect with no or reduced penalty, even after the contract was signed, to resolve contract disputes in civil court instead of with any specified arbitrator. B) and C) are pure fantasy, IMHO.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [February 24, 2011, 4:47pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/37 "2011-02-24T16:47:51Z")

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Getting stoned as a penalty for minor crimes seems a somewhat enlightened proposition. Cutting off a hand for theft seems severe, as does cutting out the tongue for lying. Definitely going to need some more clarification when it comes to the penalty for adultery.

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**Author:** ![cosmosdan](https://avatars.discourse-cdn.com/v4/letter/c/a6a055/32.png) [@cosmosdan](https://boards.straightdope.com/u/cosmosdan)\
**Post date:** [February 24, 2011, 5:33pm UTC](https://boards.straightdope.com/t/i-pit-the-tennessee-state-legislature/572368/38 "2011-02-24T17:33:53Z")

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> [@Rhythmdvl](#):
>
> I propose a new state slogan:
> 
> Tennessee; we’re not Texas, but we’re trying!

ouch.

it seems like almost every time TN makes the news it’s embarrassing.  
Although a recent Faux news contrived controversy featured a church in Murfreesboro letting their Muslim neighbors use their facility while theirs was being built. That’s where we had protests about a new Islamic community center were taking place. According to opinion for hire Mike Huckabee, that’s a horrible thing.

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